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L. 1909,
ch. 35,
§ 749h,
subd. 1
amended.

mileage of

CHAPTER 62

AN ACT to amend the judiciary law and the code of criminal procedure, in relation to the fees and mileage of trial and grand jurors in counties within the city of New York.

Became a law March 24, 1924, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision one of section seven hundred and fortynine-h of chapter thirty-five of the laws of nineteen hundred and nine, entitled "An act in relation to the administration of justice, constituting chapter thirty of the consolidated laws," such section having been added by chapter nine hundred and thirty-eight of the laws of nineteen hundred and twenty, and such subdivision last amended by chapter four hundred and thirteen of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows: Fees and 1. In the counties within the city of New York the board of trial jurors. aldermen may direct that a sum not exceeding four dollars,1 and in any other county the board of supervisors, may direct that a sum, not exceeding four dollars in addition to the fees prescribed in section fifteen hundred and forty-two of the civil practice act, or in any other statutory provision, be allowed to each trial juror for each day's attendance at a term of a court of record of civil or criminal jurisdiction held within his county, and in any county wherein a court holds evening or night sessions, the board of supervisors may direct that a sum, not exceeding one dollar and fifty cents in addition to the fees prescribed in this section or in any other statutory provision, be allowed to each trial juror for each evening or night's attendance at a term of a court of record of civil or criminal jurisdiction held within his county. If a different rate is not otherwise established as herein provided, each juror is entitled to five cents for each mile necessarily traveled by him in going to and returning from the term; but such board of aldermen or board of supervisors may establish a lower rate.

§ 749h, subd. 2,

¶ a amended.

Mileage and addi

of trial

Rockland

§ 2. Paragraph a of subdivision two of such section, such section having been added by chapter nine hundred and thirty-eight of the laws of nineteen hundred and twenty, is hereby amended to read as follows:

a. In the counties of Rockland and Orange, trial jurors tional con- may be paid four cents a mile for each mile necessarily pensation traveled in going to and returning, for each day of actual travel Jurors in during the term, in lieu of any other mileage. The sum so estaband Orange lished or allowed must be paid by the county treasurer upon the certificate of the clerk of the court, stating the number of days that the juror actually attended, and the number of miles traveled 1 Formerly "three dollars." 2 Word "Queens" omitted.

counties.

by him in order to attend. If a juror in attendance at a term of a court of record cannot reach his home upon the day he is excused from attendance, he shall be entitled to compensation for an additional day, and the clerk shall certify accordingly upon satisfactory proof of such fact by affidavit. The amount so paid is a county charge and must be raised in the same manner as other county charges are raised.

criminal

§ 3. Section two hundred and sixty-seven-a of the code of Code of criminal procedure, as added by chapter nine hundred and twenty procedure, of the laws of nineteen hundred and twenty, is hereby amended 27 to read as follows:

§ 267-a. Fees and mileage of grand jurors. 1. In the counties within the city of New York the board of aldermen may direct that a sum not exceeding four dollars, and in any other county the board of supervisors, may direct that a sum, not exceeding four dollars in addition to the fees prescribed in any other statutory provision, be allowed to each grand juror for each day's attendance at a term of a court of record held within his county, or in any county in which the grand jury holds evening or night sessions, the board of supervisors may direct that a sum, not exceeding one dollar and fifty cents in addition to the fees prescribed in this section, or in any other statutory provision, be allowed to each grand juror for each evening or night's attendance at a term of a court of record held within his county. If a different rate is not otherwise established as herein provided, each juror is entitled to five cents for each mile necessarily traveled by him in going to and returning from the term; but such board of aldermen or board of supervisors may establish a lower rate.

2. A grand juror is entitled to mileage for actual travel once in each calendar week during the term, except that:

a. In the counties of 'Rockland and Orange, such jurors may be paid four cents a mile for each mile necessarily traveled in going to and returning, for each day of actual travel during the term, in lieu of any other mileage. The sum so established or allowed must be paid by the county treasurer upon the certificate of the clerk of the court, stating the number of days that the juror actually attended, and the number of miles traveled by him in order to attend. If a grand juror in attendance at a term of a court of record cannot reach his home upon the day he is excused from attendance, he shall be entitled to compensation for an additional day, and the clerk shall certify accordingly upon satisfactory proof of such fact by affidavit. The amount so paid is a county charge and must be raised in the same manner as other county charges are raised.

b. In Westchester county, the board of supervisors may direct that a sum equal to the actual necessary carfare paid out by grand and trial jurors in going to and returning for each day of actual necessary travel, during the term, be paid such grand and trial 3 Formerly" three dollars." 4 Word "Queens" omitted.

amended.

Proceedings legalized.

Issue of bonds authorized.

jurors in lieu of any other mileage and in addition to the compensation that may be allowed under subdivision one of this section. The sum so established, or allowed, must be paid by the county treasurer upon the certificate of the clerk of the court, stating the number of days the juror actually attended, and the amount of carfare actually paid out by him for each day of actual travel, to be evidenced by the affidavit of said juror, which affidavit is to be attached to the certificate of the clerk.

§ 4. This act shall take effect immediately.

CHAPTER 63

AN ACT to legalize and validate the acts and proceedings of the village of La Salle, its voters, officers and agents, in relation to the issuance of sixty thousand dollars general improvement bonds, to authorize the issue and sale of said bonds, and to provide for raising by tax a sum sufficient to meet the principal and interest of such bonds as they become due. Became a law March 25, 1924, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The acts and proceedings of the qualified voters of the village of La Salle, county of Niagara, at a special election held on the fifteenth day of August, nineteen hundred and twentythree, and the acts and proceedings of the board of trustees of said village before and after said election relating to the issuance of sixty thousand dollars general improvement bonds of the village to construct a village hall are hereby legalized, ratified and confirmed notwithstanding any defect, irregularity, or want of lawful authority in any such acts or proceedings. The said board of trustees are hereby authorized to issue and sell said bonds of the village of La Salle in the amount of sixty thousand dollars which said bonds shall be dated January first, nineteen hundred and twenty-four, shall be in such denomination as the board of trustees shall determine, shall bear interest at the rate of not exceeding five per centum per annum, payable semiannually, and maturing two thousand five hundred dollars on the first day of January in each of the years nineteen hundred and twenty-nine to nineteen hundred and fifty-two both inclusive; which said bonds shall be sold in the manner provided by law and not be negotiated for less than their par value and there shall be annually raised by tax upon the taxable property of said village a sum sufficient to pay the principal and interest of said bonds as the same respectively become due, and such bonds when obligations issued and sold shall be valid and binding obligations of said vilof village. lage.

Tax for payment.

Bonds valid

Pending actions.

§ 2. This act shall not affect any action or proceeding now pending in any court.

§ 3. This act shall take effect immediately.

CHAPTER 64

AN ACT to amend the education law, in relation to instruction in the provisions of the constitution of the United States.

Became a law March 24, 1924, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

($$ 707,

Section 1. Chapter twenty-one of the laws of nineteen hundred Art. 261 and nine, entitled "An act in relation to education, constituting 70s) adde chapter sixteen of the consolidated laws," as amended by chapter to L. 1909, one hundred and forty of the laws of nineteen hundred and ten, vision of is hereby amended by inserting therein a new article, to be article 1910, twenty-six-d, to read as follows:

ARTICLE 26-d.

Section 707. Courses of instruction in the constitution of the
United States.

708. Rules prescribing courses; inspection and supervi-
sion; enforcement.

§ 707. Courses of instruction in the constitution of the United States. The regents of the university of the state of New York shall prescribe courses of instruction in the history and meaning of the provisions of the constitution of the United States, to be maintained and followed in all of the schools of the state. The boards of education and trustees of the several cities and school districts of the state shall require instruction to be given in such courses, by the teachers employed in the schools therein. All pupils attending such schools, in the eighth or higher grades, shall attend upon such instruction.

Similar courses of instruction shall be prescribed and maintained in private schools in the state, and all pupils in such schools in grades or classes corresponding to the instruction in the eighth and higher grades of the public schools shall attend upon such courses. If such courses are not so established and maintained in a private school, attendance upon instruction in such school shall not be deemed substantially equivalent to instruction given to pupils in the public schools of the city or district in which such pupils reside.

§ 708. Rules prescribing courses; inspection and supervision; enforcement. The regents of the university of the state of New York shall determine the subjects to be included in such courses of instruction in the history and meaning of the provisions of the constitution of the United States, and the period of instruction in each of the grades in such subjects. They shall adopt rules providing for attendance upon such instruction and for such other matters as are required for carrying into effect the objects and purposes of this article. The commissioner of education shall be responsible for the enforcement of this article and shall cause to be inspected and supervise the instruction to be given in such subjects.

ch, 21 (re

ch. 140).

In effect. Sept 1, 1924,

L. 1911, ch. 647,

amended,

The commissioner may, in his discretion, cause all or a portion of
the public school money to be apportioned to a district or city to
be withheld for failure of the school authorities of such district or
city to provide instruction in such courses and to compel attendance
upon such instruction, as herein prescribed, and for a noncompli-
ance with the rules of the regents adopted as herein provided.
§ 2. This act shall take effect September first, nineteen hundred
and twenty-four.

CHAPTER 65

AN ACT to amend the conservation law, in relation to size of whitefish. Became a law March 24, 1924, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph one of section two hundred and thirty$234, 1 four of chapter six hundred and forty-seven of the laws of nineteen hundred and eleven, entitled "An act relating to conservation of land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws," as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve, and last amended by chapter fifty-nine of the laws of nineteen hundred and eighteen,1 is hereby amended to read as follows:

Grant authorized.

1. Open season and size limit. Lake trout not less than fifteen inches in length and whitefish not less than one and three quarters pounds in the round may be taken and possessed from April first to September thirtieth, both inclusive. In Canandaigua Lake and in lakes and streams within the boundaries of the Adirondack park whitefish not less than twelve inches in length may be taken and possessed.

§ 2. This act shall take effect immediately.

CHAPTER 66

AN ACT to authorize the commissioners of the land office to grant and con-
vey to the city of Buffalo all the right, title and interest of the people
of the state of New York in and to the lands heretofore set aside by the
commissioners of the land office for the third division of the third battalion
of the naval militia at Buffalo, New York, in exchange for lands of
approximately similar area at Buffalo, New York, to be set aside for the
use of said third division of the third battalion of the naval militia upon
the approval of the state board of armory commissioners.
Became a law, March 24, 1924, with the approval of the Governor. Passed
by a two-thirds vote.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The commissioners of the land office are hereby authorized to grant and convey to the city of Buffalo all the 1 Previously amended by L. 1913, ch. 508, L. 1914, ch. 92. Words "In Canandaigua Lake and" new.

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